TERMS AND CONDITIONS OF THE CHALLENGE FOR THE PARTICIPANTS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS CHALLENGE KNOWN AS “Idea Integrated Chat”. BY PROCEEDING WITH PARTICIPATING IN THIS CHALLENGE YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PARTICIPATE IN THIS CHALLENGE.
Terms and Conditions:
This challenge is run by Altruist Technologies Pvt. Ltd a company incorporated under the provision of Companies Act, 1956 and having its registered office at 103 Tunnel, Shimlain association with Idea Cellular Limited having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382011 and its MP Circle Office IDEA Cellular Ltd, 139-140, Pardeshipura, Electronics Complex, Indore, Madhya Pradesh – 452010 (hereinafter referred to as ‘Organizers’) and the challenge is open for a limited period from 23rd July 2016 00:00:01 hrs. Till 31st August 2016 23:59:59 hrs.
Idea Integrated Chat Challenge is available subject to the following terms and conditions (hereinafter referred to as “Terms”). The subscribers agree to abide by these Terms & conditions in entirety. If any subscriber does not agree to any of the Terms, such subscriber shall not be allowed to participate in it. Organizer, reserve the right to modify the Terms at any time, without notice. Contest is valid for pre‐paid as well as post‐paid category of subscribers of Idea.
Role of Idea Cellular Limited shall be strictly limited to that of a telecom service provider. Idea Cellular Limited (ICL) reserves the right to modify, withdraw and or cancel the scheme at any time without any notice subject to Statutory and Government policies.
Altruist shall be responsible for the organization and conduct of the challenge including declaration of successful participants/top performers and the quality and quantity of the gratifications (herein after referred to as the “Organizer”)
This challenge is on a best effort basis and participation of eligible Subscribers in this Challenge is voluntary. Altruist in association with Idea, reserves the right to participation in this Challenge.
For the purpose of this challenge, the following terms shall have the meanings defined below when used in capital letters herein:
“Subscriber” shall means the post-paid and prepaid subscribers of MPCG circle and rightful user of the Idea mobile connection, (i) in whose name the mobile phone number is registered, or (ii) the employee, who is the user of the phone, if the phone is registered in the name of a company, provided that company issues a letter stating that the employee has been allotted the specific phone number.
“Challenge” means the ‘Idea Integrated Chat’ detailed in these terms and conditions.
“Challenge Period” means the period commencing from 23rd July 2016 00:00:01 hrs. till 31st August 2016 23:59:59 hrs. (both days inclusive).
“Gratification” shall mean and be limited to the benefits detailed in these terms and conditions.
“Circle” shall mean and include MP Circle of Idea cellular Limited.
A Subscriber, by participating in the challenge hereby agrees to the Terms and Conditions mentioned below and gives his/her consent to the criteria and process of declaring the Top Performers for Gratifications as set out herein, and any appropriate changes that may be made to this challenge by the Organizers due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of Altruist/Idea Cellular Limited, its affiliates and associates.
Also, by participating in this Challenge, the Subscriber:
These Terms and Conditions are available on the Website at the following address: www.ideacellular.com (“Website”). The terms and conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website periodically to keep you updated and informed.
By participating in this Challenge, the Participant/Subscriber indicates his/her acknowledgement and acceptance of these Terms and Conditions.
The Participant / Subscriber hereby agrees that all incidental costs/taxes/levies related to the Gratification(s), if any, shall be exclusively borne by the Subscriber, which shall be including but not limited to TDS, and any other taxes applicable by the Central, State or Municipal government.
The participant with outstanding amount as dues pending and payable to Idea shall not be eligible to participate in this Challenge.
The gratification will be disbursed to the Participants who have fulfilled the eligibility criteria as stated above. Further, by participating in the Challenge, the Participants hereby further understand and agree that Altruist shall at its sole discretion be responsible for inter-alia the declaration of the Top Performers and delivery of the Gratification. The decision of Altruist in this regard shall be final and binding upon the Subscriber.
Participation criteria, charges and related information:
Altruist brings to you a unique an entertaining Integrated Chat portal- Idea Integrated Chat wherein subscribers of Idea can chat over phone without disclosing his/her mobile number and make lifelong friends. Subscribers can participate in this challenge on voice.
Challenge will be on Idea Voice portal and subscribers will get a chance to get gratifications in the form of Recharges of Rs 100 (Top 10 User) and a bumper Recharge of Rs. 1000 at the end of the challenge period (1 subscribers/circle)
• Customer has to subscribe to Idea Integrated Chat service by using short code 56694.
• New and Existing Subscribers both can participate in this offer.
• Subscribes/circle giving maximum usage on paid models will get a chance to get the gratification.
Name of the Offer: “Chat & Win Recharges offer on this Friendship Day”
Short Code (Voice) - 56694
Charges: Rs 3/min
Top 10 users will be given the below Recharge as gratification.
And also a Bumper Recharge of Rs 1000 would be given to one subscriber at the end of the challenge period.
Rs 100 Recharge (Top 10 users)
Rs 1000 Recharge (1 Subscriber at the end of the challenge period)
For the purpose of clarification and avoid of doubt, gratification does not include any personal expenses incurred by the successful participants/top performers and the successful participants/top performers shall be solely responsible for any expenses whether additional or incidental, required to be incurred to avail his/her gratification.
In order to be eligible for this challenge a Participant must fulfill the following criteria-
Employees and relatives of Altruist and Idea will not be eligible to participate in challenge.
Top performers would be declared based on the MOUs. Subscriber with higher MOU’s would be considered over subscriber with lower MOU’s.
It is understood and agreed by the participants that mere participation to this Challenge during the Challenge Period i.e. from (23rd July, 2016 00:00:01 hours till 31st August, 2016 23:59:59 hours), does not entitle the participant/ subscriber/s to claim the Gratification. He /she should be declared Top Performer as specified above by Altruist in conformity with the terms to claim the Gratification(s) mentioned above. The gratification offered in this Challenge is subject to availability.
Without prejudice to the foregoing, under no circumstance shall the Top Performers of the Challenge be entitled to redeem any category of gratification for cash, unless expressly mentioned herein. Altruist, at its sole discretion, may or may not provide a cash alternative to the gratification being offered in this Challenge.
All Participants/ Top Performers who have been declared Top Performers and who have become eligible for the gratification shall have to make their own arrangements for travel, accommodation to claim the Gratifications. Altruist/Idea shall not be responsible for the travel arrangements and/or any cost incurred by any of these Top Performers for the collection of their respective Gratification(s).
By entering the challenge, the Subscribers confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and also agree to receive promotional messages from Altruist/ Idea, as they may deem fit and proper, at their sole and absolute discretion.
The Subscribers including the Top Performers understand and agree that acceptance of the Gratifications by the Top Performers, constitutes grant of permission to IDEA as well as Altruist and its affiliates, to click photographs of the Top Performers and use the Top Performers’ names, photographs, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for purposes of advertising and trade without any additional compensation whatsoever. The Subscribers including the Top Performers, hereby understands and gives his/ her irrevocable consent for sharing /submission of his/her personal information with Altruist.
Altruist/ Idea does not guarantee the quality of the goods/ services being offered as Gratifications nor is liable/ responsible for any defect or deficiency of goods or services so obtained/availed, by the Participant(s) under this Challenge.
The Participants including the Top Performers understand and agree that the Gratification(s) under the Challenge is neither assignable nor transferable under any circumstances. All the Gratifications shall be subject to such other terms and conditions as may be applicable to specific Gratifications and shall have to be duly complied with by the Top Performer(s). Also the gratifications can neither be substituted nor exchanged.
All Gratifications must be claimed by the Top Performers, along with the documents specified herein below. *The documents required to be submitted along with the claim by the Top Performers include the following-
*(the document list is only inclusive and not exhaustive and can change as per the requirements of Law).
The Gratification(s) to the Top Performers shall be given subject to compliance with all applicable statutory legislations/ processes /formalities in connection with the Gratification(s) and on production of all such documents/papers mentioned herein above and as required by Idea/ Altruist before accepting the delivery of the Gratification. Any failure on the part of the Top Performers to comply with directions issued by Idea/ Altruist for claim of Gratification shall entitle Idea/ Altruist to forfeit the Gratification.
The Participants understand and agree that in case the Gratification is not available, any gratification of equivalent value will be given by Altruist. All incidental costs/taxes/levies related to the Gratification(s) shall be exclusively borne by the subscriber including but not limited to TDS, Gift tax (if any), Road Tax, Insurance and any other taxes applicable by the government Central, State or Municipal.
Apart from the entitlement to the above gratification, the Top Performers or their legal heirs, successors and representative (subject to production of all documents as may be required in the circumstances) will have no other rights or claims against the Organizers, unless expressly mentioned herein.
The Organizer makes no representation of having a business relationship or tie up with any such companies, individuals or any other organization whose product is offered as gratification in the Challenge. All trade names shall continue to remain owned by their respective owners.
Subscribers may contact Altruist at 103 Tunnel, Shimla regarding any queries/complaints pertaining to the Challenge between 9.30 AM to 6.30 PM, on working days from Monday to Friday. All disputes must be addressed by the Subscribers in writing to Altruist, and Idea shall neither be responsible nor shall entertain any communication in this regard.
The Subscriber hereby agrees and undertakes not to hold Idea/Altruist or any of their group entities or affiliates, their respective directors, officers, employees, agents, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that the Subscriber may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of the present Challenge.
The Participants including the Top Performers understand and agree that Idea/Altruist shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Subscriber and/or any third party, directly or indirectly, by use or non-use of the Gratification.
Mere participation in the Challenge shall not entitle a Subscriber to the gratification. No other person or agent can claim the gratification on behalf of the Subscriber, unless otherwise expressly mentioned herein.
This Challenge is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of the Organizers (“Force Majeure Event”). The Organizers shall not be liable for any delay or adverse effect caused to this Challenge thereunder as a result of a Force Majeure Event. The Organizers shall intimate the suspension of the Challenge caused as a result of such Force Majeure Event to the Subscribers within reasonable time.
The terms and conditions stated herein, shall not override the terms and conditions of the Subscriber Enrolment Form of the Idea Cellular connections of any or all categories.
The Challenge is valid subject to compliance with all formalities as required by Idea/ Altruist. Any failure on the part of the Subscriber to comply with the specified formalities shall disqualify the Subscriber.
This Challenge is subject to guidelines / directions issued by the Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India (“TRAI”) or any other statutory authority from time to time.
The decision of Idea, Altruist in respect of all transactions under this Challenge shall be final and binding. The Organizers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Challenge or any part thereof including the eligibility criteria, the Terms and Conditions and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Subscriber. The latest revised version of the Terms and Conditions shall be effective and binding on the Subscriber from the time of its posting on the Website. You are therefore advised to check the Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue participating in the Challenge.
The Organizers are neither responsible nor guarantee the quality of the goods or services being offered as gratification nor are they liable for any defect or deficiency of goods or services so obtained/availed, by the Subscribers under this Challenge. The Organizers are also not liable for any defect/deficiency in the gratification(s) so offered or availed, by the Subscribers under this Challenge. The Subscribers shall not have the right to claim any damages, loss or costs from the Organizers for delay in delivery of the gratification(s) on any grounds whatsoever.
The Participant acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content/website and all material or content related to the Challenge shall remain, at all times, owned by Altruist / Idea / their respective owners. All material and content contained in this website is made available for your personal and non-commercial use only. Any other use of the material/ content on this website and/ or any information disseminated by SMS or any other means of communication are strictly prohibited.
The Organizers shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the Organizers. Without limiting the generality of the foregoing, the Organizers shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Challenge including but not limited to any technical failures in the mobile connectivity.
The gratification under this Challenge is neither assignable nor transferable under any circumstance, unless specifically provided hereunder.
Any Subscriber providing any incorrect information or concealing/withholding any information from the Organizers with an intent to participate and/or be chosen as the top performer of the Challenge will automatically be disqualified from participating in it and being declared as the top performer of the different categories of gratification. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Idea number, domicile, payment of outstanding amount to Idea or any other information provided by the Subscriber, shall entitle the Organizers to disqualify him/her without any further intimation.
A Subscriber shall be considered ineligible if he/she does not conform to the conditions as stipulated in these Terms and Conditions, or cannot provide any of the required documents as stipulated in clause herein for the purposes of receiving the gratification.
The Subscribers shall indemnify and keep indemnified the Organizers and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Organizers may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the Subscribers under the Terms and Conditions hereunder, any failure by the Subscribers to comply with applicable law and any third party claim in respect of misuse of any information of a third party. The Organizers shall have the right to defend themselves, pursuant to this Clause, at the cost of the Subscribers. The Organizers or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Highest Scorer / Top Performers or any third party, in connection with the Challenge.
The Organizers or any of their group entities or affiliates, their respective directors, officers, employees, agents, representatives, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), by a Subscriber and/or any third party, directly or indirectly, by use or non-use of the gratification offered in this Challenge.
The Organizers may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Challenge, without consent from the Subscribers.
The Highest Scorers / Top Performers shall not be entitled to the gratification, in case he/ she fails to clear all outstanding dues payable to Idea and / or is not an active Subscriber of Idea on the date of announcement of the gratification and as on the date of claiming the gratification.
The Organizers reserve the right, at any time, to unconditionally disqualify any Subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the Challenge, without giving any prior intimation to the Subscriber. Failure by the Organizers to enforce any of their rights at any stage does not constitute a waiver of those rights.
Any attempt by a Subscriber to deliberately undermine the legitimate operation of the Challenge is a violation of laws and should such an attempt be made, the Organizers reserve the right to seek damages from any such Subscriber to the fullest extent permitted by law.
The officials of the Organizers, including their directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any Subscriber in respect of the Challenge.
The provisions of this service, the Challenge and any other promotional endeavor may not be used for any commercial purpose by any Subscriber.
The Terms & Conditions are subject to laws of India and to the exclusive jurisdiction of the Courts at Shimla.